- 3 - trailer, he would pay around $125. Since petitioner was paid per load, he hired the lumpers so he could unload quickly and then call dispatch at Ortega to see if there were more loads to be picked up. Petitioner paid for the fuel for the truck, for which he was not reimbursed. When hired by Ortega, petitioner was told that a portion of petitioner’s earnings would be placed in an escrow account, and after 2 years of employment that account would be paid to petitioner. Mr. Ortega also allegedly told petitioner that income taxes would be withheld from his earnings. Petitioner was paid weekly, and with every paycheck petitioner would receive a computer printout detailing the number of “dispatches” he had, the total dispatch earnings (earnings of both the truck and the driver), and the driver earnings. The printout also detailed the escrow amounts that were being withheld from petitioner’s earnings along with other deductions such as amounts for “company advances”. The latter were repayments of amounts that were lent to petitioner to cover his lumper costs. Escrow amounts and repayments were deducted from the driver’s gross to determine take home pay. If petitioner did not have enough earnings to cover the advances, they would be carried over to the next pay period. For example, for the week ending March 5, 1994, the total dispatch earnings were $1,835, and the gross driver earnings were $1,152. From the driver gross of $1,152, $120 is deducted for advances (which consists of two $60 advances), and $200 isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011